next week, to town halls, i will moderate a conversation with florida governor ron desantis and the voters of iowa and then wednesday, abby philip will host a town hall with vivek ramaswamy. until then or until tomorrow, you can follow me on facebook, instagram, threads or x. if you miss an episode you can listen to the show. pamela brown is in for wolf blitzer but she's in a place i like to call the situation room next door. happy hanukkah. we will see you tomorrow. happening now, donald trump defiant as he leaves his civil

fraud trial in new york after hearing a key defense witness try and poke holes in the case against him. also tonight, so trump's gop rivals hit the campaign trail in iowa and new hampshire after their fourth debate without him. nikki haley's response to being the top target. smoke in the air over gaza and fierce fighting on the ground. israeli forces intensifying in their hunt for top leaders of hamas, two full months after the brutal attack on israel that launched the war. >> you are in the situation room. we begin this hour with donald trump's returned to his high-stakes new york civil fraud trial. the former president spending a full day in the courtroom as an accounting expert testified for the defense. paula, how is making their

case here? >> there's so much on the line for the former president, this case strikes at the heart of his identity as a businessman and threatens his ability to even do business in the state of new york. the judge has already found him for deflating the values of his properties now they are focused on penalties and a few other charges but trump doesn't have to attend any of this. but when he does, it brings all of this attention to whatever is happening in the courtroom and today, and nyu professor, accounting professor, testified in support of the defense, and he testified that people can come up with different values for the same properties. and banks were not lent him mon this witness is really especially helpful for the defense in this will be the last defense witness before trump is expected to take the stand again on monday.

>> major development in the push to dismiss the federal january 6th case against him. tell us about the developments today on that. >> we are talking about a civil case in new york. it's money, his business, but something far more significant in d.c. in march, he faces the first of two federal criminal trials. so today, he appealed a decision by the judge overseeing the case, who found that you are not immune from prosecution because you were president on january 6th. now presidential immunity is an important question but the real issue here is delay. in the former president's lawyers are hoping that this can get the case put on hold while the larger question which could go to the supreme court is being litigated. >> elliott, i want to go to you for the context here because you have trump's attorneys arguing a stay is mandatory and automatic. are they right? how likely is a pause in the case? >> you have to pause the case

on appeal particularly when you are talking about the rights of the party to go to trial. if you were to appeal the case, and not stay it, he could go to trial. it's very common to pause the lower one while the appeal plays out. it appears the appeals court wants to move quickly. i think they would have an interest because they read the same newspapers we do. they know there is an election coming and they know the stakes and i think they would try and move the case along. >> if you look at just the polling itself, it doesn't seem like the indictments have hurt trump politically. so it makes the question, you know why is he trying so hard to delay the trial, politically, why? >> first of all, he doesn't want to be on trial during the campaign because what if he's convicted? what if he is convicted of a felony?

we've had polls that show us that people could change their minds, if the person running for president is a convicted felon. so i don't think he wants that but the whole notion is they want to delay it until after the election, because he figures well, if he wins the presidency, he can fire jack smith and he can get rid of these cases, once and for all. so there's a reason to want to delay this, if you think you are going to be the next president. >> if the supreme court does take up this case as it very well may, there's an appetite perhaps to expedite this, but how much could the case be delayed potentially? >> certainly the court of appeals and the supreme court would be mindful of the timeline. it's highly unlikely, particularly the supreme court, that they don't necessarily want to delay this anymore than

they have to. it's likely they would move as quickly as possible. but it takes time to schedule arguments, have them heard, appeal to a higher court. i think this could potentially be delayed months but the judge overseeing this, judge chutkan, she has made it clear, she's not moving the case. it will have to be a higher court and it's read that a federal judge would commit so strongly to a specific date. >> let's talk about the new york civil fraud trial. trump showed up today and he didn't have to. he is expected to take the stand again but as you know, this time, it's different, there's a gag order in place. what risk is he taking with this? >> anytime a defendant takes the stand they run the risk of getting themselves in trouble. he could contradict prior statements that he's made. number 2, he could just say something in response to a question that he's not prepared for, that has huge consequences for him. there are $250 million on the line potentially, the loss of his business, and so, making a mistake could be particularly

bad. also, there's still the question, you referenced the gag order, there's still the risk of the former president going out and saying something that oversteps the bounds of what he's allowed to say and he could get himself in trouble. so it's fraught with peril but look, they've already found, the court has found that there was fraud. this is the best shot he's got. so he has to take the stand and roll the dice and see what happens. >> he certainly has been taking advantage of the media when he walks outside the court. that's how he is using these appearances, as a campaign rally. and he has repeated a familiar message, let's listen to what he said today. >> we have a very corrupt country, a very corrupt political system, and they are doing this to hurt a political opponent. this is third world country stuff, this is banana republic stuff. and it's a shame. it's a shame what's happening to our country. >> we covered the robert mueller

rush investigation and we heard similar rhetoric there but the bottom line is, a lot of his supporters believe that. they really believe that he is the victim, right? how much does that work in his favor? >> i think it works in his favor a lot. by the way i don't think he violated the gag order doing that. all he did was say we had a corrupt country and political system. it works. and what he's trying to do is push all of these trials together and paint one big portrait. in the portrait is, of the former president, being a victim of the current president, who is manipulating according to donald trump, manipulating the justice department, manipulating attorneys general, to persecute

him, because he stand nothing wrong. >> i think it's important to note, he is standing outside a state court in new york, talking about the federal government. he's conflating two different jurisdictions, two different prosecutors. people lump it under one roof and assume that it's one fast conspiracy. he's -- >> president biden would have no -- >> he has his own special counsel investigating him as well. >> is also claimed that the justice department is putting personnel on this case. they are lies and people are buying it. >> they think it's one picture of the former president being victimized no matter what it is or where it is. and joe biden is the instigator of all of this. >> that messaging is resonating with his supporters who, like you said, believe it. >> just ahead, donald trump's republican presidential rivals engage in some of their most contentious fights yet. how their heated debate impacts the race as they head back to the campaign trail.

tonight donald trump's rivals for the gop nomination are picking up where they left off during their fiery fourth debate. as jessica dean reports, multiple candidates are hitting the campaign trail after the latest face-off without the former president. >> as donald trump appeared in a courtroom, the republican front runners spread out across new hampshire. >> i love all the attention, fellas, thanks for that. >> former governor nikki haley said all the attacks aimed at her mean one thing. >> last night, it was very clear. we are surging in the polls. everyone of those guys sees it. and they showed it. >> with haley showing signs of momentum in the gop primary, the former south carolina governor found herself fending off a barrage of criticism.

florida governor desantis accused haley of opposing a bill in south carolina to require people use public and school bathrooms based on their sex at birth. >> she killed that bill and she brags that she killed the bill. i don't think men should be going into little girls bathrooms. >> ron has continued to lie because he's losing. when i was governor, 10 years ago when the bathroom situation came up, i said we had maybe a handful of kids that were dealing with an issue. and i said, we don't need to bring government into this. >> it marked one of several clashes over cultural issues as desantis and haley battled for the support of evangelical voters, crucial in the iowa caucuses. now, less than 40 days away. haley also saw herself the target of personal attacks from entrepreneur vivek ramaswamy. >> mickey, i don't have a woman problem, you have a corruption problem. this is a woman who would send your kids to die so she can buy

a respond? >> no. it's not worth my time to respond to him. >> former new jersey governor chris christie stepping in to defend haley after one attack from vivek ramaswamy. >> reject this myth they've been selling you that somebody had a couple of -- cup of coffee that she has real foreign experience. >> i've known her for 12 years, which is longer than he even started to vote in a republican primary, and while we disagree about issues and we disagree about who should be president, we don't disagree, this is a smart, accomplished woman and you should stop insulting her. >> the fifth guy -- >> but christie did not spare haley or any of the other candidates for not speaking out more forcefully against donald trump. >> it was announced today cnn will host to gop debates in the lead up to the first contest in this primary, on january 10th, that will happen at drake university in iowa days before the caucuses there. and january 21st in new

hampshire, days before the new hampshire primary and for these debates, candidates must get 10% at least 10% in three qualifying polls either national or the state polls in which they will be holding the debates. so far, former president trump, florida governor desantis and former south carolina governor nikki haley have his those 10% marks in three different polls. >> let's bring in the political experts to digest all of this. jamie, i will go to you first. the majority of the candidates once again, avoided taking on donald trump and chris christie, for his part, lasted them for that. let's listen to what he said. >> the fifth guy, who doesn't have the guts to show up and stand here, he's the one who as you just put it, is way ahead in the polls and yet, i've got these three guys were all seemingly to compete with you know, waldemar. he who shall not be named. they don't want to talk about him. >> he also pointed out he had

no problem attacking him, look. >> attacking is donald trump's superpower, he's always done it, it works for him, and let's face it, if you look at the numbers, it's working. chris christie says he doesn't have the guts to show up. other times he has called him a coward. but trump is going to stay away because it will raise the level of these other candidates. he's just too far ahead not to do it. and he's always going to attack. >> what about them not attacking besides christie of course, not going after trump. >> jared kushner remember he once said donald trump had hijacked the republican party. he's right, they did. and ron desantis knows that and nikki haley knows that, and they are hoping despite what happens with the polls, they keep hoping that if they don't

go after trump, maybe some of those voters will go with him. >> let's talk about nikki haley, and what could be the clearest sign of her rise, she was the center of attention last night, and not just from vivek ramaswamy who clearly has an obsession . you know, and she noted that you know, she is the one according to the polls, who could actually beat president biden the most compared to the other candidates. how concerned should democrats be? >> to what jamie just said, i would be more concerned if trump wasn't 40 points ahead of the field in most national polls and even some of the state polls. i think it would be interesting to see. one of the things with nikki haley, i mean she held her own, beautifully, she used her time well, it'll be interesting to see how she does and i and slingshot into south carolina. can she keep that momentum going. as a democrat, i thought last night was a great night for

democrats. i wish every general election voter was watching because the chaos on the stage, and people actually booing when chris christie was trying to tell the truth about donald trump, that speaks volumes to where the core of the republican party is. >> this is your party. >> i watched last night. i think chris christie had a superb night. his smacked out of vivek ramaswamy, his going after desantis for not answering the questions directly. he was just on target last night. and i think haley did well as well but they need to take on donald trump. they all know that. i've run for office many times i was always in the lead, i expected my opponents to tear me down. they are not tearing down trump. >> but that's in the common wisdom. look at the way nikki haley has

done this. she has been critical of him without saying his name as christie pointed out, but she's also the only one who is now making some games in the polls, and the way that desantis has been doing it is not working and it really hasn't been working for chris christie, a little bit in new hampshire but having gone up against trump in 2016, i can tell you, it's very hard to just do the direct attack particularly, given you know, that he uses every moment. >> i hope it works for haley but she is still down major double digits. again, i've done a lot of campaigns and i find you have to take them on directly. maybe it's different with trumpet what they are doing right now simply isn't working. even though i hope that haley or kristi can break through the pack. >> donald trump gave them an opening with his comment about being a dictator for one day. and we've gotten some reaction from republicans on the hill and so forth to that comment. here's what the house for affairs chairman had to say.

>> it's entertainment. you know, we've been around him long enough, it's entertaining. i think he is an executive that does make decisions and get things done. i mean i think the comparison, i don't think you would see the world on fire as it is, if he were in the white house. i think he projected strength pay >> the bottom line is that trump has shown his authoritarian tendencies time and time again. >> this is exactly why it's donald trump's party, because that's the way they stay in power, that is the way they make money or they are scared of him. but look, publicly, yes, that's exactly what they are seeing but privately, each and every one of them knows two words, january 6th. that is the day he tried to overthrow an election. he tried to seize power. why not think he will do it again. >> that's a follow-up question, should this be downplayed as entertainment, he's just joking? we've seen him and taken him at

his word. new information about shots fired in front of a synagogue in upstate new york. plus we will have an update from the war zone in the middle east as israel is claiming the success in taking down members of hamas.

first time i connected with kim, she told me that her husband had passed. and that he took care of all of the internet connected devices in the home. i told her, “i'm here to take care of you.” connecting with kim... made me reconnect with my mom. it's very important to keep loved ones close. we know that creating memories with loved ones brings so much joy to your life. a family trip to the team usa training facility. i don't know how to thank you. i'm here to thank you. breaking news out of upstate new york. shots were fired near a synagogue. police revealing a suspect apparently said during the incident. what do we know at this point? >> no injuries were reported

but the governor strongly condemning the actions of the man. especially because of a police believe this stands for, according to police, the 28- year-old man took a shotgun and fired two times outside of temple israel, just west of downtown albany earlier this afternoon. again nobody hurt but when you hear from the police chief, he says the suspect shouted, free palestine before attempting to flee, dropping the weapon and eventually being taken in by police. the fbi, atf, leading this investigation right now. possible weapons charges but i want you to hear the exchange between chief hawkins and reporters. it tells you about how police are bleeding this was a hate crime. >> did he say anything about jewish faith or israel or about anything that would be a hate crime? >> we were told by responding officers that he made a

comment, free palestine. >> is that the reason the fbi is involved? >> yes. that is part of the reason, yes. >> is it being investigated as a hate crime? >> yes. >> with tonight being the first night of hanukkah, the governor ordering an increase in patrols, certainly at synagogues as well, in light of the recent rise in anti-semitic attacks. now to the middle east, and israel's war against hamas, exactly 2 months after the attack on october 7th. we have disturbing new images from the war zone just into cnn. jeremy diamond is on the scene in israel near gaza. some viewers may find these images upsetting. tell us what we know and don't know about this. >> pamela, these images show the detention of dozens of

palestinian men in the gaza strip. we don't know exactly when and where these images were taken but some of them were geo- located by our team inside the town of bates in the northern part of the gaza strip and while we don't know whether some of these men may be hamas fighters, we do know all of them are not and that's because some of the men have already been identified by their relatives, some of whom spoke with cnn. among them includes at least one journalist. a correspondent, who was identified by his employer, and they say that he and several members of his family were detained. you can see these men and these images, they are blindfolded, they have been stripped down to their underwear, some of them have been taken them to cargo beds and the backs of military

trucks. one of the relatives of one of these men said that he had simply followed orders to emerge from his house and then he was detained. cnn has reached out to the israeli military for comment and they have not responded but an idf spokesman did say that the idf investigates who has ties to hamas and who does not. >> so two months into this fighting, we should note, what is israel saying about its progress in this war? >> well, the israeli military said that it has killed several senior hamas commanders, they showed an image of 11 senior members of the northern brigade in a tunnel and they say five of those 11 have been killed in strikes at least some of them killed on a tunnel infrastructure near the indonesia hospital. they say two other senior hamas members were killed in a strike on the intelligent center. the israeli military focus very much on the southern part of the gaza strip. we know the israeli tank and

infantry are in the city of, and behind me, you can still hear heavy bombardment and shelling of parts of northern gaza as well, so the fighting, very much continuing in all parts of gaza. >> thank you so much. as the war enters a third month, the united nations is warning of alarming levels of hunger in gaza. more on the humanitarian crisis. >> >> reporter: she lives with her parents and brother in that makeshift shelter. it lacks the basics of life, for the cold, from the winter, says her mother. this young family is part of the 1.9 million people, 85% of gaza's population, that has been displaced. displaced, but still in danger.

smoke rises here where so many fled to. wednesday afternoon, this house ended up in this refugee camp getting bombed. >> inevitably, children were among the dead. there's no safe place in gaza says in, anyplace can be hit. >> the palestinian health ministry says more than 20 people were killed in the strike. including 17 members from the same extended family. they told them the south was safe, they came here, the safe place, and they were all killed. death now stocks every corner of this land. the hospital is overwhelmed with the injured. and yet, more come.

the world health organization gaza on voices they are doing what they can. >> the infrastructure is on its knees. it's almost collapsing. that is the reality. >> collapse, chaos, destruction and death. such is gaza's life. >> also collapsing are the un's relief efforts in southern gaza. today the un emergency relief coordinator martin griffith says that because of the disruption caused by the war, the program has become erratic, undependable, and in his words, it's frankly, unsustainable. let's get more and all of this with representatives lock- in, a democrat who serves on the house committee. thank you for your time.

i want to go to these men who were detained and stripped down to their underwear. we spoke to family members who say that some of them are actually civilians. what is your assessment of these pictures, does this raise concerns that israel isn't doing enough to discern between military and civilian. >> i'm just saying this for the first time and obviously they are striking. we are not used to seeing that. i'm trying to remember a time just as someone who's a former cia officer and pentagon official, who worked, you know, three tours in iraq alongside the military when that pwaused. i'm having a hard time coming up with one. and i think it's part of this bigger conversation of how do you determine the difference between a civilian and a militant in an extremely crowded place. the united states had to deal with the same question when we

were in places like falluja and afghanistan. it's one of the most difficult things to do. and therefore it requires extreme care on you know, the part of the military that's launching these operations. and i think you are seeing that come out now here in the united states, there's real debate about the types of tactics that are being used and whether a tactical victory actually equals strategic success for israel, when they are alienating obviously, so many people going through pain in gaza right now. >> to add to that, you saw the deadly strikes, where civilians were told to flee to rafah , israel is saying, it's doing everything i can to civilian deaths by do you think the actions are speaking louder than words here? >> look, the pictures are extremely difficult to look at and to watch. and i think that democracies have special responsibilities in war, to limit, not only, it's not only not okay to target civilians but proportionality. if you're going after someone

who legitimately organize this kind of attack we saw on october 7th, i believe that israel has the right to go after these organizers. but, you have to do such an incredible amount of work to make sure that you are not proportionally hitting way more civilians than you are militants. and the militants, that they are worth the risk to life with what's going on there. i think it's getting much more complicated. it was complicated for the united states. we learned hard lessons in iraq and afghanistan and my hope is that the israeli government will take those lessons from us and bring them to a change of approach. >> you mentioned democracies have responsibilities in war and the bottom line is the u.s. has provided munitions to the military and there is an investigation by amnesty international shows that to deadly strikes that killed 43 civilians in homes, those us-

made munitions were used in those strikes. what obligations does the u.s. have to make sure its own weapons aren't killing civilians? >> this is the conversation that's been going on largely in pride -- private and it's going into the public. we are starting to see both on the record and on background, officials from the administration talking about the responsibilities the israelis have on civilian casualties, on the use of these weapon systems. that's a conversation that's happening on capitol hill right now. do we have you know, this idea of conditions on assistance, it's a live issue. we got a letter from senators talking about it. i think it's important that we remember that we have again, special obligations when you are a democracy. there are rules to how we do this and i think the united states, your hearing clearly from capitol hill that this is

going to be a conversation. i think it's important to understand what is already in place. we've been talking about conditions frankly all fall, not just for israel but for ukraine, all kinds of assistance. coming from the pentagon, there are legal requirements on the provision to aid to any partner, there are in use monitor requirements, there are human rights requirements, you can't give weapons to a unit that's had human rights violations. this fall, there were talk of conditions you know, we've got to cut a bunch of irs agents in order to give israel any assistance. so the issue of conditioning assistance has been with us. and i'm ready to have that conversation. my bigger issue is, we are not really moving the ball on any aid right now. our negotiations are stuck so let's have it and move it, we need that assistance for israel, ukraine, for a bunch of places and to me, that is the

first step. let's actually start negotiating and then the conversation is going to play out. >> thank you and happy hanukkah to you. just ahead a texas judge is ruling in favor of a woman seeking an emergency abortion. we will tell you what that could for the states strict limits on the procedure.

a texas judge has ruled that a woman seeking a court ordered abortion can legally terminate her pregnancy but the texas attorney general is warning that any doctors who perform the procedure could face legal jeopardy. what happens next here? >> reporter: well, it has really intensified here this afternoon, as the attorneys for this woman, 31-year-old kate cox said it's unforgivable that this mother, who is 20 weeks pregnant, had to go before a judge today and essentially beg for an abortion to protect her

life and her future for fertility. kate cox is pregnant, the baby has been diagnosed with a rare genetic condition that essentially is fatal, and the likelihood of the baby surviving more than a few hours is very unlikely. during this temporary restraining order hearing, the judge granted her the ability to have an abortion. this is believed to be one of the first cases like it since the u.s. supreme court overturned roe v wade last year. the judge said the idea that mrs. cox wants desperately to be a parent and this law might actually cause her to lose the ability is shocking and would be a genuine miscarr o the attorney general,

republican ken paxton just a short while ago released a statement essentially threatening the patient and the doctors who would be possibly involved in her getting abortion saying, that the temporary restraining order will not insulate hospitals, doctors or anyone from civil and criminal liability for violating texas abortion laws. so a very intense and complicated situation here for this case involving kate cox, a woman, 20 weeks pregnant, here in texas right now. >> thank you so much. coming up, the biden administration is delaying a ban on menthol cigarettes. why some critics say politics are behind this decision. we will be right back.

well, tonight the biden administration is delaying a long-awaited ban on menthol flavored cigarettes. cnn's rene marsh has this story. >> we are extremely outraged. >> reporter: anger and disappointment from the naacp directed at the biden administration for slow walking a ban on menthol flavored cigarettes. for decades tobacco companies have aggressively targeted minority communities with marketing and it's been effective. more than 83% of black smokers

choose menthols and black people die at significantly higher rates of smoking-related illnesses. >> if you don't ban menthol flavor, you're sending a clear message that black lives do not matter. it raises a real question to neglect the health concerns of african-american community. >> reporter: but the african american community is divided. on november 20th top administration officials met with prominent black leaders and representatives including an executive with al sharpton's national network and former north carolina congressman g.k. butterfield now a tobacco field industry lobbyist. all opposed the ban saying it would lead to an enlisted market and/or deadly encounters like eric garner who was killed for allegedly selling loose cigarettes. >> it's becoming a political

issue because black leader's trying to make it such. you have black leaders taking the stand of tobacco companies rather than saving black lives. >> a ban would allow the fda to ban the sale of menthol cigarettes. that means they would focus on retailer, manufacturers and distributors, not individuals. in an election cycle, conservative groups have seized the opportunity to capitalize zeroing in on a potential political liability for biden. their strategy includes more ads like this one. republican senator tom cotton tweeting joe biden wants to ban menthol cigarettes which are favored by black smokers, meanwhile, he wants to legalize weed for white college kids. public health groups say the biden administration is putting politics over people. >> there's just no reason for this delay and only one can conclude that the industry has had an influence on the

adminis administration's decision. >> all other flavored cigarettes were banned under the obama administration except for menthol. the white house has not been clear on their reasoning for this delay, but republicans see this as an opening and they're sting to strategize and create more ads. >> senator tom cotton for one. rene marsh for one. thank you very much. we'll be right back.

finally tonight, one of the israeli military's biggest targets is a top hamas leader in gaza accused of being a mastermind behind the october 7th assault. brian todd has a look at his background. >> reporter: one of israel's top targets, the man they call the face of evil, hamas's highest

leader. top official leaders have sounded very confident that they'll kill him saying their forces have encircled his house in southern gaza. >> translator: his house is not his fortress and he can escape but it's only a matter of time before we get him. >> reporter: without elaborating, israeli officials believe he is underground. such is the existence of the 61-year-old. analysts say as one of hamas's top masterminds of the october 7th attacks. >> he to israel is what bin laden is to the united states. i think the israelis will do the same and it will not end until they get sinwar. >> reporter: he was arrested by the israelis for the murder of two israelis and four palestinians. he learned hebrew and it was during that period that the israelis actually saved his

life. >> humor was discovered in his head. they operated on him, took the tumor out and he survived. >> reporter: mike cat kube, a former officer of the shin bet agency said he interrogated him for about 180 hours. kube knows sinwar better than his own mother and describes him as the cruellest man he's ever met known to use a machete to kill palestinipalestinians. >> i asked him, you are now 28, 29 and how come he's not married? how come he doesn't want family? so he told me the hamas is my wife, the hamas is my child, the hamas for me is everything. >> reporter: sinwar was among more than 1,000 palestinian prisoners. just last year he seemed to warn israel what was coming.

>> translator: we will come to you, god willing, in a roaring flood. we will come to you with an endless number of rockets. we will come to you in a flood of soldiers without limit. we will come to you with millions of our nation. >> reporter: analysts say the man who survived an israeli assassination attempt in 2021 won't be easy to kill this time either. >> if there's someone passing on information to the israelis, he knows who they are and he takes them out before the israelis get to him. >> reporter: analyst said when they eliminate sinwar that whoever will try to fill the shoes will be more brutal but if it's someone more moderate, won't matter on how determined israel is. >> brian todd, thanks so much. we're wishing a happy first night of hankah to those who celebrate. erin burnett "out front" starts now.